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J. L. SIMMONS COMPANY v. UNITED STATES

No. 186-59.

304 F.2d 886 (1962)

J. L. SIMMONS COMPANY, Inc., a Corporation, v. The UNITED STATES.

United States Court of Claims.

July 18, 1962.

Attorney(s) appearing for the Case

Thomas M. Gittings, Jr., Washington, D. C., for plaintiff. John W. Gaskins, Paul E. McNulty and King & King, Washington, D. C., were on the briefs.

Thomas J. Lydon, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. Robert R. Donlan and James F. Merow, Washington, D. C., were on the briefs.

JONES, Chief Judge.

This suit is brought by the J. L. Simmons Co., Inc., in its own behalf as prime contractor and for the benefit of 12 of its subcontractors to recover additional costs and damages allegedly incurred as a result of defendant's breach of a construction contract. Defendant has filed a motion for partial summary judgment aimed at dismissing plaintiff's petition insofar as it represents claims in behalf of nine...

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